digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 1996 The Executioner’s Face is Always Well-Hidden: The Role of Counsel and the Courts in Determining Who Dies Michael L. Perlin New York Law School,
[email protected] Follow this and additional works at: https://digitalcommons.nyls.edu/fac_articles_chapters Part of the Jurisprudence Commons, and the Law and Psychology Commons Recommended Citation New York Law School Law Review, Vol. 41, Issue 1 (1996), pp. 201-236 This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. "THE EXECUTIONER'S FACE IS ALWAYS WELL-HIDDEN'": THE ROLE OF COUNSEL AND THE COURTS IN DETERMINING WHO DIES MICHAEL L. PERLIN* I. INTRODUCTION The common wisdom is that death penalty cases play out on a landscape that pits the forces of retribution and punishment against the forces of abolition and rehabilitation. Supporters, or so the simplified version goes, applaud the death penalty for insuring that the perpetrators of the most wanton and vilest murders receive the ultimate penalty. Opponents, again oversimplifying, argue both that the penalty is immoral (that the state does not have the moral authority to take the life of another, no matter how depraved the crime) and inherently inequitable (that for a combination of racial, class, and political biases, it is impossible to create a system in which only the truly worst-of-the-worst capital defendants are subject to a death sentence). Arguments, both pro and con, vacillate between high-end theory and street anecdote.